On a different perspective, I always try to think of Terms and Conditions
being binding on the *website* not on the user - the user is giving us data
as long as we agree to follow our Terms and Conditions. Then the T&Cs are
things like "we won't sell your email address" and so on.

Tim

On Thu, Oct 30, 2008 at 9:09 PM, Gregor Kiddie <[EMAIL PROTECTED]> wrote:

> My main issue with the idea of the T&C being legally binding is the
> assumption that the person who used the system is the same person who
> agreed to the Terms and Conditions, or even that they agreed to the
> Terms and Conditions at all!
>
> Take the recent Flash Player click-jacking fix. If a website used
> click-jacking to get someone to click "agree" on a T&C dialog they never
> see, are they still bound by it?
>
> Bigger picture again for a website, how can you actually legally prove
> that someone has ever agreed to your T&Cs? Without some piece of user
> identifiable information replacing the simple click action, this is
> impossible.
>
> Gk.
>
> Gregor Kiddie
> Senior Developer
> INPS
>
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